California Prop 65 Settlement Agreements Reached Over BPA in Food Contact Products
10/24/2018

SGS reports several California Prop 65 settlement agreements involving BPA in food contact products. The agreements require a reformulation or Prop 65 warning.

Online PR News – 24-October-2018 – Geneva, Switzerland – Several settlement agreements have been reached in California concerning the use of bisphenol A (BPA) in a range of food contact products. These arrangements involve either a reformulation or the inclusion of a California Proposition 65 (Prop 65) warning.

The settlement agreements involve either the removal of BPA or the inclusion of the warning and cover:

• Pastry tube sets - BPA-free otherwise warning
• Polycarbonate coffee decanters - BPA-free otherwise warning
• Polycarbonate ice scoops - Do not contain BPA otherwise warning
• Polycarbonate tumblers - BPA-free otherwise warning
• Shakers - BPA-free otherwise warning

Prop 65 is the 'Safe Drinking Water and Toxic Enforcement Act of 1986', a unique consumer-led initiative that requires the state authorities to maintain a list of substances known to cause cancer, birth defects or reproductive harm. Since it was first published in 1987, the list has grown and now contains more than 860 chemicals. BPA was first being listed in May 2015 as a substance known to cause female reproductive toxicity.

An important provision of Prop 65 is that companies operating in California must provide a 'clear and reasonable' warning on any product containing a listed substance before knowingly and intentionally exposing the public to it. Businesses are also required to cease discharging it into sources of drinking water.

Once a chemical is listed, businesses have twelve months in which to comply with the warning requirements and, since May 2016, several enforcement actions have been brought against businesses that fail to warn consumers about possible exposure to BPA. These have resulted in a number of settlement agreements.

It should be noted that businesses with under ten employees and government agencies are exempt from the warning requirements. Businesses are also exempt if their activities create no significant risk of cancer, birth defects or other reproductive harm.

Stakeholders should be aware that the rules surrounding the Prop 65 warning were changed in August 2018. It is interesting to note that the settlement agreement for polycarbonate ice scoops allows the standard consumer product exposure warning or the short-form consumer product warning for products manufactured on or after August 30, 2018.

The standard consumer product exposure warning is:
WARNING: This product can expose you to chemicals, including Bisphenol A (BPA), which is known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov

The short-form consumer product exposure warning is:
WARNING: Reproductive Harm - www.P65Warnings.ca.gov

It is important to note that consent agreements only bind the parties named in the settlement. Businesses not named in the settlement agreement are not bound by their provisions.

SGS Prop 65 Services
With a global network of laboratories, SGS can offer comprehensive testing, product assessment and consultancy services related to California Proposition 65. SGS can assist your risk management strategy in consumer goods, such as DIYs, electrical and electronics, hardgoods products, juvenile products, and textile & toy products. Learn more about SGS's Prop 65 Services. [www.sgs.com/en/consumer-goods-retail/hardgoods/diy-tools-and-hardware/california-proposition-65]

For further information contact:

Hingwo Tsang
Global Information and Innovation Manager
Tel:(+852) 2774 7420
Email: crs.media@sgs.com

About SGS
SGS is the world's leading inspection, verification, testing and certification company. SGS is recognized as the global benchmark for quality and integrity. With more than 95,000 employees, SGS operates a network of over 2,400 offices and laboratories around the world.